ABA DISTRIBUTORS, INC. v. ADOLPH COORS CO.

Nos. 80-1938, 80-1974.

661 F.2d 712 (1981)

ABA DISTRIBUTORS, INC., Appellee, Cross-Appellant, v. ADOLPH COORS COMPANY, Appellant, Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 16, 1981.

Rehearing Denied November 9, 1981.


Attorney(s) appearing for the Case

Bradley, Campbell & Carney, Professional Corp., Leo N. Bradley, Earle D. Bellamy, II, Golden, Colo. and Hillix, Brewer, Hoffhaus & Whittaker, Kent E. Whittaker (argued), William D. Calkins, Kansas City, Mo., for Adolph Coors Co.

Harry P. Thomson, Jr. (argued), William E. Quirk, Jennifer A. Gille, Shughart, Thomson & Kilroy, A Professional Corp., Kansas City, Mo., for ABA Distributors, Inc.

Before HEANEY and HENLEY, Circuit Judges, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

The ultimate issue in this appeal is the propriety of a preliminary injunction under which Coors must make monthly payments to sustain the existence of ABA as a business enterprise.

ABA distributed Coors beer in western Missouri from mid-1978 until March of 1980, when Coors gave ABA notice of termination of the distributorship. Coors asserted as grounds for this termination ABA's "dishonesty" and "violation of state and...

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